Which of the following elements is NOT required for conspiracy?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

In a conspiracy charge, the prosecution must establish certain essential elements. One key element is the agreement between two or more persons to commit an unlawful act. The intent to enter into that agreement is also crucial, as it shows that the parties had a mutual understanding and shared objective regarding the illegal goal. Furthermore, while many jurisdictions require some form of overt act to demonstrate that the conspiracy is not merely a plan but has moved towards execution, they do not require that this overt act must involve an additional crime or wrongdoing—it can be any act that demonstrates a step taken in furtherance of the conspiratorial goal.

A critical detail that distinguishes conspiracy law is that it does not require a formal, written agreement signed by all parties to establish the conspiracy. Such a requirement would impose unnecessary burdens that contradict the intent of conspiracy laws, which aim to punish individuals for agreement and coordination even when informal or unwritten. Thus, the absence of a written agreement is why this option is not a required element for conspiracy, making it the correct answer in this context.

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